How to defend against an unfair claim without legal aid

riskaverse63

Hi. My sister was hit by a cyclist who was travelling the wrong way down a one way cycle lane. She was badly bruised and shaken and he broke his leg. She was really concerned for him - he was just angry and blamed her. he has now got a lawyer chasing her for compensation. The police wont be prosecuting him but he was obviously in the wrong! how can she defend herself? she has no house insurance so no legal aid and cannot afford a lawyer. why should she have to pay to defend herself when the cyclist was in the wrong? anyone got any suggestions about what she should do? she is very scared and very upset.

vax2002

riskaverse63 wrote: »

she has no house insurance so no legal aid

This would be all you need, once the lawyer gets wind you have no insurance, they will want a substantial down payment from the cyclist.
What exactly have you received, court papers or a threatening letter ?

InaPickle

riskaverse63 wrote: »

Hi. My sister was hit by a cyclist who was travelling the wrong way down a one way cycle lane. She was badly bruised and shaken and he broke his leg. She was really concerned for him - he was just angry and blamed her. he has now got a lawyer chasing her for compensation. The police wont be prosecuting him but he was obviously in the wrong! how can she defend herself? she has no house insurance so no legal aid and cannot afford a lawyer. why should she have to pay to defend herself when the cyclist was in the wrong? anyone got any suggestions about what she should do? she is very scared and very upset.

Hi riskaverse63 :wave:

I have no experience in this domain, but I didn't just want to read and run: I'm sure someone with more experience will be able to help soon. However, I imagine that whatever is in the police report will have a large imapct on the outcome. Do you know what it says? I don't know if it is possible to get hold of a copy (again, someone else will be able to help more). Also (and possibly more importantly) does she have legal cover on her insurance? They should be able to cover the cost of everything for her if so.

Best of luck!

bobthedambuilder

You didn't say what your sister was doing - riding another bike or walking (I assume she wasn't driving a car on the pavement without insurance:eek:).

If she was walking, should she have been in the cycle lane? Maybe this is the only thing the cyclist has on his side. If she was also cycling then obviously she was on the correct side and she should be suing him.

Were there any witnesses? If not, it's his word against hers, and he's not readily going to admit he was going the wrong way, but if your sister sticks to her version of events, I can't see how he is going to prove liability against your sister.

Presumably the emergency services were called (broken leg?), and it sounds like there was a police involvement at some point (you say they won't be prosecuting, but that implies they have details of the incident). Your sister can ask to see their report, and that might give her some comfort were the claim to proceed.

All in all it sounds like sour grapes on the part of the cyclist, but without all the facts we're not seeing his side of things, and he must feel he has some chance of success.

riskaverse63

Thanks for all who have replied. I didnt know where to start with this. My sister was in the cycle lane because she was walking and stepped out to cross the road. As it was a one way street with arrows on the road she didnt look the other way. She has photos of the bruising she got which show which side he hit her from. I will get her to get the police report as suggested. She doesnt have house or car insurance as she rents and doesnt drive. I can see online where to go for legal help if you want to make a claim but not if you need to defend yourself against one. our main concern is how to fund her defence once she engages with this mans solicitors. It seems that the only no fee option would be to claim against him in a "no win no fee" process. Doesnt seem entirely fair..... thanks again for your help.

Quentin

She need not engage with the solicitor.

She can just deny liability, (repeatedly if necessary), and confirm she has no insurance cover whatsoever.

(The no win no fee option will only work if the solicitor involved believes she has a good chance of winning her claim for injury against the cyclist)

molerat

Was the cycle lane also one way as many are two way on one way streets ?

vax2002

PLEASE ANSWER THIS QUESTION :
No Stories, no excuses.
Just a plain answer:
What has she RECEIVED and from WHO :

Glen_Clark

riskaverse63 wrote: »

The police wont be prosecuting him but he was obviously in the wrong!

Why do you think the cyclist was in the wrong?
How was the cycle lane marked?
I can't ever remember seeing a one way cycle lane.
If, as you say, the cyclist was obcviously in the wrong you have nothing to worry about.

pendulum

riskaverse63 wrote: »

... when the cyclist was in the wrong?

She has admitted she stepped in to the cycle lane without checking for cyclists, so your statement that the cyclist was in the wrong is dubious!

She's at least partially responsible, perhaps fully responsible depending on the legalities of the cycle lane re: one way status. Having said that, a cyclist is supposed to look out for and anticipate pedestrian's actions, just like a motorised vehicle is supposed to look out for cyclists. That doesn't mean she's not responsible for her actions though, and suddenly stepping out without looking was a careless move.

Not having enough money for proper legal advice is harsh, but not as harsh as not having enough money to compensate someone for the injuries you caused if indeed you are found liable for them.